Site preservation

Has an injury, illness or dangerous incident occurred at your workplace? If so, you may be legally required to notify Comcare about what has happened and preserve the site for investigation.

What do you need to consider?

The person with management or control of a workplace at which a notifiable incident has occurred must ensure, so far as is reasonably practicable, that the site where the incident occurred is not disturbed (unless that disturbance is for a ‘prescribed reason’), until a Comcare Inspector arrives at the site, or directs otherwise (whichever is earlier). The site includes any plant, substance, structure or thing associated with the notifiable incident. This duty is designed to preserve any evidence that may assist an Inspector to determine the cause of the incident.

The Work Health and Safety Act 2011 (WHS Act) details the types of incidents notifiable to Comcare. Under section 38 an incident is notifiable if it arises out of the conduct of a business or undertaking and results in the death, serious injury or serious illness of a person or involves a dangerous incident. The PCBU holds the responsibility under the act to notify however the PCBU may discharge this duty by arranging for another entity or person to submit notification on their behalf such as the supervisor, manager or any other person with identified responsibility to notify (such as HR teams or WHS advisors).

Resources:

How to decide whether you need to notify Comcare of an injury, illness or dangerous incident under the requirements of the Work Health and Safety Act 2011 (Cth). Provides definitions, examples and frequently asked questions as well as detailed information on the notification process.